WEST GALVESTON
ISLAND PROPERTY OWNER'S ASSOCIATION
MINUTES OF THE
BOARD OF DIRECTORS MEETING
August 16, 2008
Jerry Mohn, President, called the Board of Directors meeting
for the West Galveston Island POA to order at 9:05 a.m. Directors making up
the quorum were, Lin Thompson Bermuda Beach; Sidney McClendon Pirates Beach;
Marty Bilek Dunes of the West Beach; Deborah Phelps Pointe San Luis; James
DeFord Spanish Grant Bayside; Peggy Zahler Spanish Grant Beach; Clay Lewis
Sportsman Road; Tom Booth Condos; and Ed Nadalin Terramar Beach.
In attendance was Karen Mahoney District 6 City Council Member;
Galveston Parks Board Chair Jeri Kinnear; and, Brandon Wade Assistant City
Manager. Corporate sponsors recognized were Peggy Zahler - Johnson Space Center
Federal Credit Union.
MINUTES: Minutes of the July 19, 2008 meeting
were sent by email and reviewed by the Board. Upon motion duly made by Peggy
Zahler and seconded by Marty Bilek, the following resolution was adopted by
unanimous vote. RESOLVED THAT, the minutes of July 19 meeting were approved
as presented.
TREASURER REPORT: Cash on hand $42,163.28.
Total assets: $44,098.40. Upon motion duly made by Tom Booth and seconded
by Lin Thompson, the following resolution was adopted by unanimous vote. RESOLVED
THAT, the financial report as presented.
REAL ESTATE STATISTICS Alice Melott advised
January to July this year, there were 14 less sale closing on properties. The
real estate market is just plodding along and the west end is consistent.
INFRASTRUCTURE: Brandon Wade advised the following
for the west end:
- Terramar: The sewer lines are in and 15% of the road paving with asphalt
is complete. The bulk of the drainage is also complete.
- Sea Isle: Will be completed by late September
- Palm Beach: The sewer project is ready to go and the pipes have been delivered
- Nottingham Campsite: Work on the road will begin shortly.
- Ostermeyer and 9 Mile Road: Sewer project design is finalized. Plan to bring
to City Council in 2-3 weeks for approval of certificates of obligation for
the project.
- Jamaica Beach Water Tower it is out for bids. Estimated cost is $6 million.
This will be a City of Galveston water storage tank for the west end.
- Bay Harbor: The funds are in the bank and ready to begin construction.
- 11 Mile Road: From Stewart to FM 3005: The right of way issue has been settled
where Marquette dedicated it to the City. There will be two weeks of paper
work but the money is in the bank for the road widening and waiting for the
Corps permit to start.
- 11 Mile Road: North end and Settegast Road: The lift station for sewer up
to the northern end of Settegast Road will cost between $50-75,000.
- Sportsman Road: the lift station for the Sweetwater Development is 75% complete.
The bridges for Sportsman Road and 10 mile road are under design, which will
take three months. A Corp permit has been applied to put in box culverts so
traffic can get around during construction of the bridges.
DISTRICT 6: City Council Member Karen Mahoney
reviewed City Council activities.
- The Council approved the comments made for the HB 2819 proposed changes
recommended by the GLO. They requested also that the Galveston County Beach
Erosion Task Force and the GLO work together on the rules.
- The Council approved the extension of the 4B sales tax for the November
election. 1/8 cent will be directed for beaches, 1/8 for infrastructure; 1/8
for parks; and, 1/8 for economic development
- The Council will go on a 3 day budget retreat the next week. If any property
owner associations needs some item to be added to the budget to let her know
soonest.
- Drainage: The problems at Karankawa, Gulf Palms, and Acapulco Village are
being addressed such as pot holes.
- Fire Hydrants: If a fire hydrant in any area has a yellow tag, they are
not functioning and to please call the City to fix.
- Civilian Review Board: This was passed and the City is looking for people
to serve.
- The City will focus on a wetlands ordinance.
- Horses on the beach: The City is working on this.
- Golf Carts: Concern that the City will stop processing licenses for golf
carts as of 9/1. Karen will investigate. Golf carts are considered motor vehicles
and not allowed on the beach. A change in legislation is needed to allow golf
carts with licensed drivers on the beach. Karen also wants golf carts to be
used on the beach for the disabled.
US ARMY CORPS OF ENGINEERS: Colonel David Weston,
Commander of the Galveston District, presented the responsibilities of the District.
Before the presentation was begun, Jerry Mohn read the biography of the Colonel
and all the decorations and awards he has received to date. The audience gave
the Colonel a standing ovation. If any member would like a copy of Colonel Westons
biography to please let us know at: mohn@msn.com
Galveston District Responsibilities
- 50,000+ sq mi, 700 miles coastline, 150 miles deep
- Rio Grande River to Sabine River, LA
- 48 counties, 2 LA parishes
- 16 congressional districts
- 343 full-time employees
- Maintenance of the navigational channels
- District HQ/Jadwin facility, Northern, Southern Area Offices
- FY07 budget $287 million
Mission Areas
- Navigation
- Flood Risk Mitigation
- Environmental Restoration
- Shoreline Protection
- Regulatory
- Military Construction / Support for Others
- Emergency Management
Navigation Mission
- More than 1,000 miles of channels
- 750 deep draft channels
- 271 shallow draft channels
- 28 Ports
- 30-40 million cubic yards dredged annually
- Intercoastal Waterway in Texas - Texas leads all other states in total tonnage
handled: 487,100,000 tons out of 2,527,622,000 tons total for the entire system.
Navigation Shallow Draft Channels include
- Adams Bayou
- Cow Bayou
- Trinity River to Liberty
- Anahuac Channel
- Double Bayou
- Smith Point
- Offatts Bayou
- Chocolate Bayou
- Colorado River (Channel to Bay City)
- Channel to Palacios
- Victoria Barge Canal (Channel to Victoria)
- Lydia Channel to Port Aransas
- Channel to Aransas Pass
- Channel to Port Mansfield
- Arroyo Colorado (Channel to Harlingen)
- Port Isabel Small Boat Harbor & Side Channels
Navigation Deep Draft Channels include
- Freeport Harbor
- Matagorda Ship Channel
- LaQuinta Channel
- Corpus Christi Ship Channel
- Brazos Island Harbor BIH
- (Brownsville Ship Channel)
- & Port Isabel Deep-Draft Channel & Turning Basin
Waterway:
- Galveston Harbor
- Texas City Ship Channel
- Channel to Orange (Sabine River)
- Houston Ship Channel
Dredging Activity
- 2007 DREDGING
- Deep Draft 7 Contracts (new) $21,978,110
- 5 Contract Mods $11,047,345
- Shallow Draft 5 Contracts $23,530,380
- 2008 DREDGING
- Deep Draft 12 Contracts (new) $48,895,123
- 4 Contract Mods $ 8,840,230
- Shallow Draft 5 Contracts $15,190,265
Fiscal Year 2007 Highlights
- Galveston Channel Deepening PCA
- Texas City Deepening GRR
- MRGO "interim draft" report to ASA(CW)
- Sims Bayou reach 6 (3.2 mi/$31M)
- N. Padre Island/Packery Channel
- Port Isabel INS Detention Facility
- Ft. Bliss MILCON Support
- Ellington Field Reserve Center
- PH225 Border Security Initiative
- Internal Restructuring
Opportunities - $2 billion of construction
- Every TX deep-draft channel authorized/under study for deepening
- Galveston Construction Start in FY08
- Corpus Christi Deepening authorized in WRDA 07
- Texas City FY 08 Construction Start
- Sabine Neches Water Way Feasibility Report Complete in 3QFY09
- Freeport
- Federal Project Feasibility Study in DEC 08
- Permit Decision in MAY 08
- Matagorda Ship Channel
- Turning Basin Assumption of Maintenance Approved
- Deepening and Widening Permit Decision in DEC 08
- Matagorda Bay ReRoute In WRDA 07
- High Island to Brazos In WRDA 07
- Cedar Bayou PED Complete in 1QFY08
Regulatory Budget Allocation
- FY 2005 $5.2 million
- FY 2006 $5.5 million
- FY 2007 $5.5 million
- FY 2008 $6.2 million
Regulatory Program Goals
- Protect the aquatic environment
- Make fair and reasonable decisions
- Provide for efficient decision making
Regulatory Program - Purposes and authority
- Protect Navigation
- Restore and maintain the physical, chemical and biological integrity of
the Nation's waters
- Section 10 of the Rivers and Harbors Act
- Regulated Activities - Work in navigable waters:
- Dredging or disposal of dredged material, excavation, filling, or other
modification of the bottom contours of a navigable water
- Structures in navigable waters: any potential obstacle or obstruction
such as piers, docks, boat ramps, pilings, breakwaters, bulkheads, riprap,
power and water transmission lines, permanently moored vessels, aids to
navigation, etc.
- Section 404 of the Clean Water Act - Regulates the discharge of dredged
or fill material into waters of the United States, including wetlands
- Waters of the United States
- Surface water tributary systems, including intermittent streams, and
associated water bodies
- Adjacent Wetlands
- Special Aquatic Sites (e.g., Sand, Mud and Algal Flats)
- Vegetated Shallows (e.g., Seagrass Meadows, vegetated flats)
- Regulated Activities Examples
- road fills, poured concrete, backfill, beach nourishment, levees, breakwaters,
rip-rap, dams, dikes, artificial islands, certain piling supported structures,
fill behind bulkheads, boat ramps, mechanized land clearing, and some
types of grading.
- Fill Material - Any material which has the effect of displacing any
volume of a water of the US, or changing the bottom elevation of any non-inundated,
jurisdictional water of the U.S.
- Geographic Limits of Jurisdiction
- Tidal waters: High Tide Line
- Non-tidal waters (fresh waters):
- Wetlands
- Meets definition of "Waters of the United States" in 33
Code of Federal Regulations 328.3(a)
Elements of Permit Evaluation
- Corps role is only with water but if other agencies find a problem with
land then the Corp enters the picture to offer alternatives. This holds up
the application to show other alternatives.
- 404(B)(1) Guidelines
- Alternatives Analysis
- least damaging practicable alternative (avoid, minimize, mitigate)
- Impacts to Aquatic Resources (FWS, NMFS, TPWD)
- Impacts to Essential Fish Habitat (NMFS)
- Impacts to Fish and Wildlife, or their habitat (FWS, NMFS, TPWD)
- Impacts to Threatened or Endangered Species (FWS)
- 401 Water Quality Certification (TCEQ/TRRC)
- Cultural & Historic Resources (SHPO)
- Coastal Zone Management Compliance (administered by Coastal Coordination
Council)
Corps Role in Land Use, Planning/Zoning (33 Code of Federal Regulations
320.4(j) (2))
- The Corp will only look at the piece of property that touches the waterway
unless state and local agencies regulate the area.
- Primary Responsibility for determining zoning and land use matters rests
with state, local, tribal governments
- Balance between the environment and development
- Corps will normally accept decisions by such govts on those matters unless
there are significant issues of "overriding national importance"
- Examples: national security, navigation, national economic development,
water quality, preservation of special aquatic areas (including wetlands),
national energy needs
End of Public Interest Review
- Corps generates an Environmental Assessment (evaluates environmental impacts,
concludes with a "significance" determination)
- Environmental Impact Statement may or may not be required
- There are no funds from Congress to do an EIS. If necessary, the applicant
will have to do it.
- The Corp can issue a cease and desist
- Cumulative Impact Statement (CIS) with Judge Kents decision for the
Lafittes Cove area in 2006, one was done that year and it is updated all
the time. You should be able to obtain this on the Corp website. Required
by law now to use a CIS for the west end.
- Corps generates a decision document which results in a decision to issue,
issue with conditions, or deny permit application
- Corp looks at a project if it is a valid one and can it be built in a way
to mitigate it.
- The system is not designed to achieve perfection
Feasibility Study Sabine Pass to San Luis Pass. Still
progressing. The House has approved of the FY08 funding but the Senate has not
and we wait.
Galveston District Contact information
Regulatory Branch: (409)766-3930
Galveston District Regulatory Home Page
www.swg.usace.army.mil/reg/
Galveston District website
www.swg.usace.army.mil
Galveston District Public Affairs
swgpao@usace.army.mil
The Colonel will obtain information on questions raised during
the meeting that were not answered, which include:
- Status of English Bayou
- Use of Galveston Geohazards map in permit evaluations
- Status of cumulative impact analysis for West End
The Colonel provided the following information to the above questions raised
at the meeting:
1Q. What is the status of the English Bayou
permit? Were they investigated for compliance, and if so what was the result?
1A. A permit was issued to Mr. Lamson Nguyen on
April 11, 2006, and the time limit for completing the authorized work ends on
Dec. 31, 2011. A compliance inspection was performed on June 21, 2008, and the
project is currently in compliance. We plan to conduct future compliance inspections.
2Q. Do we use the Galveston Geohazard map for
assessing permit applications?
2A. We use the information in the Geohazard map in
our evaluation of permit applications. We require applicants to provide us site
specific geohazard information if the map indicates they are in a hazard area.
3Q.
What is the status of the Cumulative Impact Assessment
for the West End?
3A. We evaluate cumulative impacts on all permit applications,
including developments on the West End of Galveston Island. We will continue
to assess the cumulative impacts of additional proposed West End development
that requires a permit from us in accordance with the requirements of the National
Environmental Policy Act and the Clean Water Act Section 404(b)(1) Guidelines.
We did complete a more detailed cumulative impact
assessment for the West End in the fall of 2006, as directed by a Federal District
Court. This document is updated as permit decisions are made on the West
End.
4Q. Will the Cumulative Impact Assessment for
the West End be available on the SWG web site? If not, how do they obtain it?
4A. There is no requirement to publish regulatory
environmental assessments, which routinely include cumulative impact assessments.
However, any Corps document can be requested through a Freedom of Information
Act request once a decision is made.
EIS: The WGIPOA Board earlier in the week approved
a letter that was sent to the Galveston District to request an Environmental
Impact Statement on cumulative impacts of residential and commercial development
for the west end.
APPROVALS: After the meeting the Board met and
a motion made by Sidney McClendon and seconded by Tom Booth, approved the following,
which are budgeted items.
$500 as a sponsor for the ASBPA Chicano Fall Conference
$500 for the WGIPOA to continue as a sustaining member in FOGISP
There being no further business to come before the members
and the Board the meeting was adjourned at 12:00 noon.
Susan Gonzales - Recording Secretary